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Faculty of Law Library

World Mental Health Display

Mental Capacity: Law and Practice 3rd ed
Gordon Ashton, ed.
This new edition builds on the success of Mental Capacity: The New Law which was published in response to the Mental Capacity Act 2005. The title has been extensively revised to provide coverage of all the latest developments in legislation, procedure and case law, including an examination of the deprivation of liberty safeguards and a new chapter dealing with the re-emergence of the inherent jurisdiction of the High Court and the cross-over with administrative law. Mental Capacity: Law and Practice provides an authoritative commentary, highlighting areas of potential difficulty and offering practical guidance on the challenges that the legislation poses. It includes the text of the Mental Capacity Act 2005 (as amended) and the supplementary Codes of Practice. This book is essential reading for all private client lawyers, chancery practitioners, non-contentious lawyers and healthcare professionals.
Call Number: KN155.3 M45 2015 
ISBN: 9781784731601
Publication Date: 2015


A Practical Guide to Psychological Health & Safety in the Workplace
Dianne E. G. Dyck
This book offers readers a comprehensive overview of the psychological health and safety issues most commonly faced in today's workplaces. As author and Occupational Health & Safety specialist, Dianne Dyck, states in the preface to this ground-breaking publication, most Canadian companies and organizations have an Occupational Health & Safety Management System. Historically, however, those systems focused primarily on the physical, and not the psychological, health and safety of employees. With the release of the Canadian Standard on Psychological Health and Safety in the Workplace in 2013, employers now have new performance expectations to meet. And that's what makes – and necessary – resource. It offers readers a comprehensive overview of the psychological health and safety issues most commonly faced in today's workplaces, including: a discussion of what constitutes a toxic work environment and the effect it can have on employee health and safety; an explanation of the practical application of the new Canadian Standard on Psychological Health and Safety in the Workplace; and a description of the most effective workplace assessment and measurement processes.
Call Number: KN198 .D93 2015 
ISBN: 9780433482970
Publication Date: 2015


Text, Cases & Materials on Medical Law and Ethics
Marc Stauch and Kay Wheat
This volume presents a valuable collection of materials relating to often controversial area of the law. Comprising extracts from statutes, cases and scholarly articles alongside expert author commentary and guidance which signposts the key issues and principles, this book is an ideal companion to this increasingly popular subject. Fully revised, this new edition incorporates expanded content, including:- Updated coverage of End of Life Decision Making, including the UK Supreme Court rulings in Aintree University Hospitals v James and Nicklinson v Ministry of Justice; The changes in healthcare provision signalled by the Health and Social Care Act 2012; Discussion of developments in medical malpractice, including the Government response to the Francis report into the Stafford Hospital scandal. Providing a comprehensive and up-to-date resource on this topical area of the law, this textbook is an invaluable reference tool for students of medical law as well as those studying medicine.
Call Number: KN185 .S72 2015 
ISBN: 9781138024038
Publication Date: 2015


Mental Health and Fair Trial
Justice (Society)
Suspects and defendants with mental ill health or learning disabilities need to be better identified and supported, in order to ensure their right to a fair trial in England, argues a JUSTICE report published on 27 November 2017. Mental Health and Fair Trial, the result a JUSTICE working party argues that from first contact with the police through to sentence, there remain fundamental problems with the English justice system’s response to mental health. Left unaddressed the fair trial rights of many defendants may be undermined. Mental Health and Fair Trial makes 52 recommendations on the following aspects of the criminal justice process: 1. The investigative stage – Mental health experts, not police officers, should be identifying people with vulnerability as a result of mental ill health or learning disability and those identified should have access to proper support. 2. Decision as to charge or prosecution – A specialist prosecutor should be appointed for each Crown Prosecution Service area who must make the charging decision in cases of vulnerability, assisted by up-to-date guidance and assessments. 3. Pre-trial and trial hearings – Trial processes can be bewildering and incomprehensible for those with mental ill health and learning disabilities. Magistrates’ courts, youth courts and the Crown Court should have a dedicated mental health judge with enhanced case management powers and responsibility for a case progression protocol. 4. Legal capacity tests – A capacity based test of fitness to plead and fitness to stand trial, placed on a statutory footing should be available in all courts and the “insanity” defence should be amended to a defence of ‘not criminally responsible by reason of a recognised medical condition’. 5. Disposal and sentencing – A Sentencing Guideline on mental health and vulnerability should be created and a broader range of disposals made available to sentencers to meet the needs of the case.
Call Number: KN185 .J87 2017 
ISBN:
Publication Date: 2017


Medical Treatment and the Law: Issues of Consent - The Protection of the Vulnerable: Children and Adults Lacking Capacity 2nd ed
Richard Harper
The substance of the book is intended to be of assistance not only to the legal profession and judiciary but also for those working within the field of medicine or other areas concerned with the welfare and protection of vulnerable, whether adults or children. It provides practical guidance and assistance as to the approach taken by the courts on all of the varying material issues raised in relation to medical treatment and the law, the thread of which throughout is the question of ‘consent’. Care needs to be taken not to infringe the rights of the group of persons who, though vulnerable, are capable of making their own medical treatment decisions. Many who suffer from mental illness are well able to make decisions about their medical treatment, and it is important not to make unjustified assumptions to the contrary. Even where a person lacks capacity, any interference with their rights and freedom of action must be the least restrictive possible. The protection too of children who are not legally competent is essential in the above regard. The text includes analysis of the Supreme Court judgment in Aintree University Hospitals NHS Foundation Trust v James [2013] UKSC 67, the first case to come before that court in relation to the Mental Capacity Act 2005. The approach of the courts to the issue of whether or not life-sustaining medical treatment should be given is fully addressed within the book. The text also includes analysis of the Supreme Court judgment in the cases of Tony Nicklinson, Paul Lamb and AM [2014] UKSC 38 which encompass the issues concerning assisted suicide, mercy killing and voluntary euthanasia.
Call Number: KN185 .H376 2014 
ISBN: 9781846619953
Publication Date: 2014


Mental Health Tribunals: Law, Practice and Procedure
Jonathan Butler
Mental Health Tribunals: Law, Practice and Procedure is a highly practical reference work in the UK for all those appearing before the Tribunal, as well as for Tribunal members themselves. Detailed explanatory commentary about the organization, procedure, and jurisdiction of the Tribunal is followed by an analysis of Tribunal powers in relation to both non-offender and offender patients. This second edition has been methodically revised to take into account the developing procedure of the Tribunal system, the on-going development of the UK's mental health and mental capacity Acts, as well as noting all significant case-law since the previous edition. In addition to explanatory commentary, the book will be supplemented by a host of relevant materials, including UK legislation and codes of practice.

Call Number: KN185 .B87 2013 
ISBN: 9781846616020
Publication Date: 2013


A Practitioner's Guide to Mental Health Law
Michael Butler
This practitioner’s guide provides a comprehensive and accessible guide to a complex but fascinating area of law, covering matters of everyday concern to lawyers and other mental health professionals in a clear and easy-to-read format. Topics include: an overview of the statutory and regulatory framework for mental health law; the impact of the ECHR on mental health law; the meaning of mental disorder; law and procedure governing civil admissions to hospital under the Mental Health Act 1983
Police powers in respect of the mentally disordered; treatment of patients under Part IV of the Mental Health Act 1983; rules governing the admission to hospital and treatment of children and young persons; the rights of detained patients; discharge powers available to responsible clinicians, nearest relatives and hospital managers; the constitution, role and powers of Mental Health Tribunals; aftercare, guardianship and community treatment orders; medical treatment and other decision-making under the Mental Capacity Act 2005; the Deprivation of Liberty Safeguards; and mental disorder and criminal law. The Guide also provides a glossary of key terms and participants in the legal process, a summary of the main differences between English and Welsh law and procedure, definitions and explanations of the main psychiatric disorders, and checklists covering the key procedural points in hospital admissions.
Call Number: KN185 .B86 2014 
ISBN: 9780854901142
Publication Date: 2014


Dementia and the Law
Tony Harrop-Griffiths et al
This book addresses the full range of legal issues that arise in respect of people suffering from dementia, setting out the law in a clear and accessible form. Starting from the initial stages of obtaining information, the book follows a logical sequence through: the powers under the Mental Health Act 1983 (MHA); rights to assessment, treatment and care services; the Mental Capacity Act 2005; financial deputies and attorneys; and care funding, before concluding with a detailed section on the remedies which may be deployed to resolve disputes in these areas. The first section deals with legal issues that arise at the time of diagnosis and in the period when the dementia begins to have a significant impact on the person s life. This is followed by a second section which is focussed on legal issues surrounding the care provided to a person with dementia. The third section is concerned with the property and financial issues affecting those with dementia. The final section of the book concentrates on the remedies available when disputes arise in respect of a person suffering from dementia. This book covers both England and Wales to include additional reference wherever the law differs in Wales.
Call Number: KN185.69 .D4 D35 2014 
ISBN: 9781846617560
Publication Date: 2014


Women, Madness and the Law: A Feminist Reader
Wendy Chan, Dorothy E. Chunn and Robert Menzies, eds.
This book explores, for the first time in an edited collection, the intersection of three key research areas - women, madness and the law - and advances the debates on how law and the 'psy' sciences play a critical role in regulating and controlling women's lives.
 







Call Number: KN178 .W653 2005 
ISBN: 9781904385097
Publication Date: 2005




Defending Mentally Disordered Persons
Kris Gledhill
Defending Mentally Disordered Persons is a comprehensive and authoritative guide to representing persons with mental disorder in the criminal justice system. Lawyers representing potentially vulnerable clients need to consider what special needs their clients may have and apply the relevant legal provisions with that in mind. This book provides the bridge between mental health law and criminal law and provides criminal practitioners with the necessary tools to navigate the appropriate route through the criminal justice system if the client may have a mental disorder.
 


Call Number: KN157 .G54 2012 
ISBN: 9781903307281
Publication Date: 2014


 

International Trends in Mental Health Laws

Bernadette Mcsherry, ed.

Ensuring that mental health laws protect human rights in both theory and practice is an ongoing challenge. This volume explores the effect that the UN Convention on the Rights of Persons with Disabilities and other international trends in human rights may have on domestic mental health laws. The topics covered include the criteria for civil commitment of individuals with serious mental illnesses, legal capacity and supported decision-making, advance directives, advocacy, community treatment orders and the importance of the integrity of the person in decisions to detain individuals for treatment. International Trends in Mental Health Law is a special issue (Volume 26 No 2) of the journal Law in Context.




Call Number: KN157.2 I57 2008 

ISBN: 9781862877214

Publication Date: 2008


Mental Health Law: Policy and Practice 3rd Edition
Peter Bartlett and Ralph Sandland
Written by two leading specialists in mental health law, this book provides a detailed overview of the law and the socio-legal, historical, sociological, and cultural issues that surround it. Mental health law, at its heart, involves the forcible confinement and medication of some of society's most vulnerable people. With reference to recent cases and new legislation, Peter Bartlett and Ralph Sandland analyze the legal structure and functions of the mental health system, the problems inherent in characterizing mental health law, and the social and human rights issues of those who suffer from mental illness The legal issues described contain implied premises as to what it is to be a citizen, what the role of the state is for the vulnerable, and what the relative roles of law and medicine are in the regulation of control and deviance. Mental health law is an area of considerable legal and social complexity, and the authors challenge readers to question the system and the policies that have been developed.
Call Number: KN155.2 B37 2007 
ISBN: 9780199278275
Publication Date: 2007


Punishment and Madness
Toby Seddon
The focus of this book is on the government of prisoners with mental health problems in England and Wales over the last twenty-five years. The wider context and backdrop to the book is the shift to 'late modernity', which, since the 1970s has seen massive structural change in most Western societies, affecting the social, economic and cultural spheres, as well as the field of crime and punishment. This book investigates whether these profound transformations have also led to a reconfiguring of responses to mentally vulnerable offenders who end up in prison. Specifically, it explores how this group of prisoners has come to be viewed increasingly as sources of 'risk', requiring 'management' or containment, rather than as people suitable for therapeutic responses. The book draws on primary research carried out by the author, including interviews with key informants involved in the field during this period, such as former cabinet ministers, senior civil servants, campaigners and academics. In conducting this investigation, the author has developed a method of research which combines and synthesizes different forms of analysis to create a novel approach to socio-historical research.
Call Number: KM660 .Q53 S42 2007 
ISBN: 9781904385905
Publication Date: 2006


People with Cognitive and Mental Health Impairments in the Criminal Justice System: An Overview
New South Wales. Law Reform Commission
Issues regarding mental illness and intellectual and other cognitive disabilities are among the most difficult concerns for law and policy makers to address. The purpose of this review is to examine the law and practice regulating what happens to people with a mental illness or a cognitive impairment, or both, who commit crimes.
 
 
 
 
 

Call Number:
ISBN: 9780734726421
Publication Date: 2010


Rethinking Rights-Based Mental Health Laws
Bernadette McSherry and Penny Weller
Mental health laws exist in many countries to regulate the involuntary detention and treatment of individuals with serious mental illnesses. 'Rights-based legalism' is a term used to describe mental health laws that refer to the rights of individuals with mental illnesses somewhere in their provisions. The advent of the United Nations Convention on the Rights of Persons with Disabilities makes it timely to rethink the way in which the rights of individuals to autonomy and liberty are balanced against state interests in protecting individuals from harm to self or others. This collection addresses some of the current issues and problems arising from rights-based mental health laws. The chapters have been grouped in five parts as follows: Historical Foundations; The International Human Rights Framework and the United Nations Convention on the Rights of Persons with Disabilities; Gaps Between Law and Practice; Review Processes and the Role of Tribunals; and Access to Mental Health Services. Many of the chapters in this collection emphasise the importance of moving away from the limitations of a negative rights approach to mental health laws towards more positive rights of social participation. While the law may not always be the best way through which to alleviate social and personal predicaments, legislation is paramount for the functioning of the mental health system. The aim of this collection is to encourage the enactment of legal provisions governing treatment, detention and care that are workable and conform to international human rights documents.
Call Number: KN157.2 R47 2010 
ISBN: 9781849460835
Publication Date: 2010


Mental Illness, Medicine and Law
Martin Lyon Levine, ed.
As new medical technologies and treatments develop with increasing momentum, the legal and ethical implications of medicine are being called into question as never before. Martin Levine's collection brings together the seminal papers written on the nexus between mental illness, its treatment and its relationship to the law. The volume also provides an informative introduction, summarizing the area and the relevance of the articles chosen.
 
 
 


Call Number: KN155.2 .M46 2009 
ISBN: 9780754621218
Publication Date: 2009


Mental Disability and the European Convention on Human Rights
Peter Bartlett, Oliver Lewis and Oliver Thorold
The authors provide an overview of the current status of European law related to mental disability--a recent subject of concern for the European Convention on Human Rights--and speculate on future developments. The initial chapters address aspects of Convention rights, such as issues of detention in institutions, conditions within institutions, and guardianship. Subsequent chapters discuss the practicalities of litigation. The appendices contain international legal materials pertaining to mental disability rights under the Convention and recommendations and principles from the Council of Europe.
 



Call Number: KN155.2 B377 2007 
ISBN: 9789004154230
Publication Date: 2007